An employer owes their employees a duty of care at the work place and when an employee gets injured on the job, they have a couple of avenues to remedy the situation.
An injured employee may file a workman’s compensation claim so they can get monetary compensation for the injury they received while on the job. Workman’s compensation pays for medical services and gives money to the employee for time away from work. There are four different types of disabilities that arise from an injury:
1. Temporary Partial Disability
2. Temporary Total Disability
3. Permanent Partial Disability
4. Permanent Total Disability
The injured employee must give notice to their employer in writing within 90 days of accident, describing in detail how the injury occurred at work. It is up to the employee to prove that it is a work place injury. Employees are not compensated for work place injuries if they are intoxicated while at work, unless the employer had knowledge of it.
If the workman’s compensation claim is denied through an official order, the employee can file a civil negligent suit against their employer. The limitation on this suit is two years after date of injury or one hundred eighty days after the final order is made.
The Oregon Administration Regulation (OAR) is now proposing changes to aspects of workman’s compensation. The OAR wants to make changes to medical services, managed care organizations and claim closure and reconsiderations.
